Home/Case Law/RACHEL JENNINGS vs. THE SUTTON PLACE HOTEL, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

RACHEL JENNINGS vs. THE SUTTON PLACE HOTEL, STATE COMPENSATION INSURANCE FUND

Filed: Oct 24, 2008
San Francisco
ADJ2591770 (LBO 0345670)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to amend a prior finding of 100% permanent disability, attributing 60% permanent disability after apportionment. This decision followed the opinion of an Agreed Medical Evaluator who concluded 40% of the applicant's disability was due to prior causes, such as a diving accident and subsequent surgeries. The Board found the AME's apportionment opinion, based on medical history and expertise, constituted substantial evidence and was not speculative.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to amend a prior finding of 100% permanent disability, attributing 60% permanent disability after apportionment. This decision followed the opinion of an Agreed Medical Evaluator who concluded 40% of the applicant's disability was due to prior causes, such as a diving accident and subsequent surgeries. The Board found the AME's apportionment opinion, based on medical history and expertise, constituted substantial evidence and was not speculative.

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